Ah 


k^>  \^^2 


V<^J.^^2> 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


|iO     ™'^ 

.If  I2& 

^  1^ 


11:25  ill  1.4 


1.6 


Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4S0J 


iV 


\ 


:\ 


% 


s 


o'^ 


^1.^  '-Q.-^ 


%^ 


^^^ 


w^^, 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  canadien  de  microreproductions  historlques 


Technical  and  Bibliographic  IMotes/Notea  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  In  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


u 
D 
D 
D 
D 


Coloured  covers/ 
Couverture  de  couieur 

Covers  damaged/ 
Couverture  endommagde 

Covers  restored  and/or  laminated/ 
Couverture  restaur^e  st/ou  pelliculde 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gdographiques  en  couieur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  da  couieur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


n 


D 


Planches  et/ou  illustrations  en  couieur 

Bound  with  other  material/ 
Relid  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serree  peut  causer  de  I'ombre  ou  da  la 
distorsion  le  long  de  la  marge  interieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
lors  dune  restauration  apparaissant  dans  la  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  iti  filmdes. 

Additional  comments:/ 
Commentaires  suppl^mentaires: 


L'Institut  a  microfilm^  le  mei.Meur  exemplaire 
qu'il  lui  a  ete  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuv.^nt  modifier 
une  image  reproduite.  ou  qui  peuvent  exigar  une 
modification  dans  la  m*thode  normale  de  filmage 
sont  indiquis  ci-dessous. 


toi 


r~~|    Coloured  pages/ 


Pages  de  couieur 

Pages  damaged/ 
Pages  endommag^es 

Pages  restored  and/oi 

Pages  restaurees  et/ou  pelliculees 


I      I    Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 


y 


Pages  discoloured,  stained  or  foxed/ 
Pages  d6colorees,  tachetdes  ou  piquees 


□Pages  detached/ 
Pages  detachees 

0Showthrough/ 
Transparence 

□    Quality  of  print  varies/ 
Qualite  inigale  de  (impression 

□    Includes  supplementary  material/ 
Comprend  du  materiel  supplemen 


upplementaire 


I      I    Only  edition  available/ 


D 


Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  cnt  6t5  fi!m6es  d  nouveai-  de  facon  a 
obtenir  la  meilleure  image  possible. 


Th« 
poi 
of  1 
filn 


Orii 
be£ 
the 
sioi 
oth 
firs 
sioi 
or  I 


The 
she 
TIN 
whi 

Mai 
diff( 
enti 
beg 
righ 
reqi 
met 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 
Ce  document  est  film*  au  taux  de  r^duciion  indiqu*  ci-dessous. 
10^< 14X  18X  22X 


26X 


SOX 


J 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  F  ubiic 
Archives  of  C'  -lada 

The  images  appoaring  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  oymbol  ~-^>  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hanr  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  filmd  fut  reproduit  grAce  h  la 
g6n6rosit6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 

Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  I'exempiaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmaga. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  b»t  imprim6e  sont  filmds  en  commen^ant 
par  le  premier  plat  at  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
Dj-igineux  sont  film6s  en  commen9ant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  appara^tra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE  ",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvenv  §tre 
filmds  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichd,  il  est  film6  d  partir 
de  I'angle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n^cessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

^ 


I 


STATUTES 


OF  THE 


STATE  OF  NEW  YORK 


AND  THE 


ru 


robina  of  Canah, 


IK  RELATION  TO  THE 


iirieiiriiiiL  miii 


I 


ACROS?!  THE   NIAGARA  EIVER 


At 


B  xj  F  :f  .A.  H.  o. 


BUFFALO: 

C.  E    YOUNG'S  STEAM  PRESS,  lfi9  MAIN  STREET. 

186S. 


A.ISr    A.CT 


To  Incorporate  the  International  Bridge  Company. 

Passed  Apeil  ITtii,  1857. 
m  Peoph  of  tlie  State  of  Nero  Yoi%  represented  in  Senate  and 
Assembly^  do  enact  a.?  folloios: 

Sec.  1.  All  persons  who  shall  become  stockliolders  pursuant 
to  this  Act,  shall  Lc  and  they  are  hereby  incorporated  a  body 
corporate,  by  the  name  of  The  International  Bridge  Company 
with  i)ower  to  associate  with  any  other  persons,  company,  asso' 
ciation  or  corporation  in  Canada,  for  the  construction,  maintain-  compnny  incor- 
mg  a  Bridge  across  the  Niagara  River,  from  the  City  of  Buffalo    '""'''■ 
to  some  point  near  Fort  Erie,  in  Canada,  so  as  not  materially  to 
impede  the  navigation  of  said  river;    said  bridge  to  be  con- 
strucied  with  two  draws,  one  across  Black  Rock  harbor  and 
the  other  across  the  main  channel  of  the  river. 

Section  II.  of  the  Act  passed  April  IT,  1857,  was  amended 
April  10,  18oS,  so  as  to  read  as  follows : 

"The  draws  of  said  bridge  shall  be  of  ample  mdth  to  give 
free  and  unobstructed  passage  to  all  steamboats  and  other  ves- "t^fft  .'^  ,fol  ?° 
sels  navigating  said  river  or  Lake  Erie ;  they  sliaP.  be  at  all    t^'  "''"■ 
times  tended  and  moved,  at  the  expense  of  said  Company  so 
as  not  to  hinder  or  delay  the  passage  of  any  steamboat  or' ves- 
sel.    From  sundown  to  sunrise,  during  the  season  of  lake  navi- 
gation, suitable  lights  shall  be  maintained  upon  said  brid<re    to 
guide  all  such  vessels  or  steamboats  approaching  or  passin- 
said  draws,  and  shall,  at  all  times,  keep  in  readiness  one  or  ste,.„  tu..  .c, 
more  steamboats  or  steam  tugs  suitable  for  towing  such  vessels    IhrouVTh'l 
through  such  draws,  and  shall  tow  all  said  vessels  through  said    '""• 
draw,  whenever  requested  to  do  so  by  the  officers  of  said  ves- 


Company  liable  ■'"^'''^'  ^■"  t''^^''' ^'I'Si'l'ir  pa.^so.m^  u))  tiiid  (lowii  tho  rivcr  or  harbor, 
forjamug...  to  williout  oliarge.     A  11(1  said  Company  sliall  l)o  liable  to  jiaj  own- 
ers of  any  steamboat  or  vessel,  or  the  car<rot\s  thereof,  all  dam- 
ages which  they  may  sustain  by  reason  of  any  negU'ct  of  the 
provisions  of  this  section." 

Sec.  III.  ^J'he  cajjital  st()(;lc  of  said  company  shall  l)e  one 
million  of  dollars,  with  the  [irivilego  of  increasing  the  same  to 
Capital 4 Shares  two  millions,  U)  hc  divicK.'d  into  shares  of  one  hundred  dollars 
caeli.  and  shall  be  deemed  [)crs.)iial  property.  At  least  three 
months  before  any  steps  shall  he  taken  in  erecting  the  piers  for 
the  said  bridge,  the  Directors  herein  i>rovided  for  shall  cause  to 
be  published  in  at  least  two  public  uewsjiapers  in  each  of  the 
counties  of  Erie  and  Niagara,  two  of  which  shall  be  printed  in 
Buffalo,  one  at  the  village  of  Tonawanda,  and  one  at  the  vil- 
lage of  Niagara  Falls,  a  notice  in  which  shall  be  stated  the  par- 
ticular location  of  the  bridge,  with  reference  to  known  land 
marks,  the  number  of  its  piers,  the  length  and  breadth  of  its 
piers,  and  the  distances  between  them,  the  width  in  the  clear 
of  the  draw  openings  respectively,  the  entire  length  c^f  the 
structure  from  land  to  land,  and  its  height  above  the  water  at 
ordinary  stages.  Two  coj/ies  of  this  notice,  the  facts  of  which 
to  be  verified  by  tht;  oath  of  the  Engineer,  signed  by  the  Presi- 
dent and  Secretary  of  the  Coni))any,  and  acknowledged  by 
.  them  before  an  officer  empowered  to  take  the  proof  of  deeds, 
shall  be  made  out  and  severally  tiled  in  the  Clerk's  office  of  the 
Counties  of  Erie  and  Niagara. 

Sec.  IV.  The  stock,  property,  affiiirs  and  concerns  of  said 
Boiirriof  Direct-  Company  or  corporation  sliall  be  managed  by  a  Board  of  nine 
Directors,  who  shall  be  each  stockholders  of  said  corporation 
and  shall  be  annually  chosen,  after  tho  first  election,  on  the  first 
Monday  in  July  of  each  year;  said  election  to  be  held  at  such 
Annual  tneetins.  place  in  the  city  of  Buffiilo,  as  a  majority  of  the  Directors  shall 
appoint,  of  which  due  notice  shall  be  given  as  shall  be  hereaf- 
ter directed.    The  Du-cctors  shall,  at  their  first  meeting  after 


oners. 


such  election,  .ip|)oint  From  among  their  number  a  I'resident 
Vioc  PreHuln.t,  Secretary  ami  Tn-asurer,  who  may  be  recmired 
to  give  security  aeo.nling  to  the  by-laws  of  said  Corporation. 

Sec.  V.  T]i(>  Directors  may  recpiire  fi-om  stockholders  pay- 
ment of  all  sums  of  money  by  tliem  subscribed,  at  such 'times 
and  Ml  Mu-h  iM'oportions  as  may  be  deemed  proper,  under  the 
penalty  of  forfeiture  of  their  respective  sluires  and  all  /»"•'"•"""-• 
ments  thereon,  lirst  giving  thirty  days  previous  noiice  of  such 
call,  m  one  or  more  newspai)ers  printed  in  said  city  of  Buffalo. 

Skc.  Vr.  George  J'alnirr,  George  R.  Babcock,  Theodore  D. 
barton,  Henry  Martin,   Klbridge  G.  Spaulding,  John  Ganson 
Frederick  P.  Stevens,  Fayette  Rumsey,  James G.  Ilovt,  Charles'"'""'''"' 
A.  Mdhk(.n,  of  tlie>  city  of  Buffalo;  James  S.  Wadsworth,  of 
Geneseo;  Alrick   irul)bell,  of  Utica;    Bufus  II.  Kin^  of  Al- 
bany ;  Shepi)ard  Knap]>  and  Thomas  W.  Gale,  of  New  York 
City,  shall  be  Commissioners,  who  shall  co-operate  with  Com- 
missioners who  are  or  mny  be  appointed  under  a  charter  for 
the  like  purposes,  by  the  Cnnadian   Barliament.     Said  Com- 
missioners shall,  on  the  first  Tuesday  in  May  next,  or  as  soon 
thereafter  as  a  majority  of  said  Commissioners  shall  appoint 
meet  at  some  suitable  place  in  the  city  of  Buffalo,  to  open  the'\T^::XX 
books  and  receive  subscriptions  to  the  capital  stock  of  said    Zln%°'^^ 
corporation  ;  they  may  adjourn  said  meeting  to  any  place  in 
the  County  of  Erie,  when  they  may  again  open  the  books,  af- 
ter having  kept  tluMu  open  through  the  business  hours  of  the 
day,  on  the  first  meeting,  but  no  adjournment  shall  be  for  ales< 
time  than  one  week.     Public  notice  shall  be  given  of  the  first 
meeting,  ten  days,  and  of  each  subsequent  meetincr,  six  days 
m  one  or  more  newspaj)ers  in  the  city  of  Buffalo."     The  book'^' 
when  opened  by  one  or  more  of  the  Commissioners,  shall  re- 
main so  at  least  through  the  business  hours  of  the  day  so  that 
all  persons  may  have  a  full  opportunity  of  becoming 'subscri- 
bers to  the  cai)ital  stock  of  said  company.     The  sum  of  five 


6„..rcon,  ,o  ,,o '^""'"■'  ''1"^"  <'.'iell  sluirc     of  .st,„.k    .<(,    .SllLsori I .ccl,  .sll.MlI    be  ].ni(i 

J:':!;;,,,;;;'  ;;^;:t'>«"^<l  Co.niui.«ioiicrH  attuiulii.g  at  tl.o  time  ol  makin.  Juoh 
"""^^k-  sub(S(.Tij)t:()n.  o 

^t:c.  \  II.   Any  railroad  corporation  whose  road  now  ha'*  or 
u«i,«av..,...,.r^^'  '".T"^'^'''  '''^:'''  •-'  ^"•■'"'"•'•^  -''N  -^'  «''='n  run  its  trains  to'  or 

-uinS;;:    ■"'  ^,      '•■"•^'  "''  '^'^"^''"'  '"■  '"'•^'  1'"''^^  "^•^"'  ''"■•^  I^no  an)resai.l, 
and uk« stock  or  sliail  I'uii  its  ti-auis  111  coiinrctiou  with  aiiv  road  liaviii- such 

terminus,  or  upon  which  trains  are  .n-  shall    he  run  t..  or  from 

said  city  of  r>ulFalo  aforesaid,  or  any  point  n.,ir  Fort  Kric  aforc- 

saul,  may  with  the  consent  of  the  persons  ownim--  a  majority 

ot  its  stock,  loan  .ts  credit  to  the  corporation  hereby  created 

or  may  subscribe  to  an<l  become  the  owner  of  the  stock  thereof^ 

m  hke  manner  and  with  like  rights  as  individuals. 

Section  VIIl.  of  the  Act  passed  April   17th,  1857,  was  so 
amended  April  loth,  1S58,  as  to  read  as  follows  : 

"The  said  Commissioners,  or  a  majority  of  them,  shall  meet 
on  the  iirst  Tuesday  of  July  next,  or  as 'soon  thereafter  as  a 
majority  of  said  Commissioners  shall  apj^oint,  at  their  first  place 
ot  meetmg.  and  if  the  whole  of  the  capital  stock  shall  not  haye 
been  subscribed,  said  Commissioners  so  attending  at  such  meet- 
"'op:;;;f;;r-"oU  ^"S  ^^ly  adjourn  tVom  time  to  time,  as  they  may  deem  iDroper 

IE  SE'r^^  T!  ""  ^"°'"  ^^'  ^'''''^'''  subscription:    ami  if  more  tlian 
tribute  stock,  ^tie  wholc  stock  sludl  havo  been  subscribed,  shall  distribute  the 
same  and  apportion  it  among  the  suljscribers  as  they  shall  deem 
most  advantageous  to  the  corporation,  and  after^  closing  the 
Notice  for  eiec-  '^'^°'^''''  ^^^^  ^^^^^'^  S^vc  ten  days'  notice  in  two  public  nevvsn-i- 
uon  or  Direct,  pers  published  in  the  city  of  Buffalo,  of  a  meeting  of  the  stock- 
holders to  choose  Directors.     The  said  Commissioners,  or  such 
^        of  them  as  shall  attend,  sludl  preside  at  the  first  election,  and 
such  election  shall  be  made  at  the  time  and  place  appointed  by 
tlie  Coinmissioners  in  their  notices,  by  such  of  the  stockholdei's 
as  shall  be  present  in  person  or  by  proxy.     At  the  first  and  all 
subsequent  elections  each  of  the  stockholders  shall  be  entitled 
to  one  vote  on  each  share  of  stock  which  they  shall  respectively 


I 


I  be  j)aid 
ving  «ucli 


w  ha.s,  or 
liiiM  to  or 
ilorosaid, 
iii,^  such 
)  or  iVom 
I'ic  a  (ore- 
majority 
■  created, 
:  tlicrcor. 

was  HO 

lall  meet 
'tor  as  a 
t'st  place 
lot  have 
-'h  ]jieet- 
proper, 
)re  than 
L)ute  the 
.11  deem 
!ing  the 
levvsjja- 
s  stock- 
or  sueli 
)U,  and 
iited  by 
holdei's 
and  all 
entitled 
ictively 


hold,  and  whicli  shall  have  stood  in  their  names  at  least  thirtv^'-''  ■•"«"  b. 
days  prior  to  the  date  of  any  such  election,  and  the  said  Cnn-  "^"^''^ 
missioncrs  so  i,rcsidin,o-,  sliall  under  their  hands   certifV   the  "'*"' 
names  of  the  Direct(»rs  so  elected,  and   deHv(.r  over  the  sub- 
scription money,  l)Ooks  and  pa]u-rs  to  the  said  l)irect,,is     The 
time  and  place  of  the  first  meeting  of  the  Board  of  Dir"ectt>rs 
shall  be  fixed  by  the  Connnissioners.     Tiie  Board  of  Directors' 
or  a  majority  of  them,  shall,  after  having  published  a  notice  „,,,„..     . 
tor  titteen  days  m  two  dady  papers  in  tiio  city  of  Buffalo  of   ■""'''^'"f '"'» 
their  inteiition  to  locate  said  Bridge,  select,   and   by  their  cer-    ""'"""''""'■ 
tificate  shall   designate  the  site  of  said   bridire  and  the  ap- 
proaches thereto,  and  sludl  make  two  certificates  thereof  one 
of  which  shall  l)e  filed  in  the  Clerk's  olfice  in  the  Coun'tv  of 
Erie,  and  the  other  to  be  filed  with   the  Secretary  of  the  said 
corporation,  wliich  approaches  and  site  shall  be  considered  the 
api)roaches  to  and  site  of  said  bridge,  on  which  t'  e  said  com- 
pany may  construct  said  bridge,  and  improve  and  perfect  such 
approaches,  as  are  hereafter  mentioned.      And  the  said  Di- 
rectors shall  have  i)OM'er  to  cause  such  examination  and  sur- 
veys to  be  made,  as  may  be  necessary,  in  their   )udsment,  for 
the  selection  as  aforesaid  of  the  most  advantageous  site  of 'said 
bridge,  and  the  avenues  and  approaches  leading  to  and  from 
the  same.    And  for  such  ])urpose  the  Directors  of  the  corpora- 
tion hereby  created  shall  have  power  to  ap]xiint  an  En-incer, 
Agents,  or  Officers,  who  are  authorized  to  enter  upon  tlu^ lands' 
or  waters  of  any  persons  for  such  pur])ose,  but  subject  to  pro- 
per responsibility  for  all  damages  which  they  may  do  thereto." 

Sec.  IX.  The  said  corporation  is  hereby  empowered  to  ])nr- 
chase,^receive  and  hold  such  real  estate 'on  either  side  of  the 
said  Niagara  river,  as  may  be  necessary  and  convenient  in  ac- 
complishing the  object  for  which  this  charter  is  granted,  and  oo„,p-ny.o  ho. 
may,  by  their  surveyors  and  engineers,  enter  upon  such  sites  S- '.'e^nVc'" 
and  locations,  and  take  possession  of  the  same.  All  such  sites  " ' 
^nd  locations  as  shall  be  entered  upon  as  aforesaid,  shall,  ex- 


Id 
at 
es- 


Arbitration 
ulauir. 


0,.  „,„.  ot  ...  ea„s..  which  .hull  ,„,.v,.„,  „,,,„isi,i,     ,    '    ,  ,    ' 

"t  tho , I „«„,,,„  „nh,.  .s„|.,v,M,.  r„„n  ..rthi.  K-hth   „ 

D,.M.c.t,  setting.  lo,.,h  th..  ,u,,s.itv  of  .„..h     ■„     To,    ,       ■  '"' 

no. bo ,„.ue. „„„ th. «„!„ ....i.o'shriV,,';. ':  r :r';;; 

the  o«TOr  01-  ropresuntutivu  .,t  murk  hmcl  „s  h«  sl,-,l     I 
«o,.al,K.,  of  the  ti,„e  un.l  ,,|a„.  of  hea   n       e  ... .  i     "',"  '""" 

praisors,  attiT  o- viii<.-  .u.fic,.  u    fi,  mi.i  a  .-    ' 

or  in  ea.  of  l,Ts,  he:  o      ,i,  1     '       '""  ■  ""■"'"""  "'  "*-""'■ 
.t  the  n.„al  „Ia  -e  of  v  '  I    ,  "'  r"'""  "  "'■"""  """■■'• 

,«..,,  with  so!.: ;:  r    ,a";,e'':r:;:'rv"^''''':  "■■  '■«"■ 

"";>'  t  .,•  shall  .iee,u  to  be  the  full  valueof  tllT       ^  k'   i" 
">"ke  theu-  ai.,,raise,ne„t  without  .lelav  uu.ler  tho  1 
-d  seals  an.l  .vpo,,  the  sa.ne  to  the  ili    '  J  1    f  '  i','    H  f 
«".-ate  ami  full  rtescnptiou  of  the  lan.ls  ,l..i..,a  e.       T ,:     " 
"Pl.ra.sers  shall  be  autho.iz,.,l  to  >,e,l-,.  ,    ,."  """' 

'oa;lmi.istor  oaths  au,l  to  tal:;::!  :  ^^  ':;™r;™' 
shall  exa„„„e  the  report,  „,ay  hear  the  parties       .ie     J 
may  increase  or  -liniinisl,  the  (lai,ia..es    if  I,      i    „  ,         .' 
that  inmstice  has  been  ,1„,  e       '  "  "     ""  ''"  '"'"*'"'' 


I 


fvt  a  price 
nt  of  the 
:ii<I  river 
y  Miutuai 
'II  fo  Mile 
«/ii(|i(ial 
II*  site  of 
>n  of  tilt' 
UIKJ  (lis. 
>iirciins(' 
'!•  a^ct'iit 
JiPi'  caTi- 
iMticv  to 
cm  ivn. 
i<l  upon 
loai'iiio', 
ilors  ot 
aid  aj(.    < 
•  a«j:fnt, 
notice 
r  t>ccu- 
I,  shall 
thereof 
(I  .si  I  all 
hands 
an  ac- 
c  said 
lation, 
iiBtice 
1,  and 
"isfied 
istice, 
nient 
lit,  in 
mt  of 


I 


vaneo    snehland,  and  the  payn.nt  ot  the  expcn.03  of 

oulei  partu-niarlv  deserihin;.  the  hmdn  an.l  ,he  pavn.ent  of  the 
llionev  an(    exnelise-    <ili.l  the  tiief-  ,.  .     I  .^^  "u  ur  ci  uu 

^vith  lu\ .       f  ;  ,  ncecsHary  to  the  coniplianee 

^^ .  h  t\n>  section,  an<l  when  the  order  shall   Ik-  recorded   in  the 
"thee  ot  the  Clerk  of  tlu-  Cnniitv  of  Vy\.   H.         •  1 
^i,.,ii  1  ,  '        ''"'•  ''"'  ^'i'<i  t'orporat  on 

.hail  1,.  ,„.s,..«.,l  „f  ,|„.  |„,„|,  „„„  ,„.,|^,,.^ 

upon  n.„l  ,al<..  ,,„,,«,.!„„  „f  ,|„.  „„„„,  ,„„,   ,„„,  ..J   „  '     . 
p.^e  ,h,.  s„,„,  „.  ,„„,  ,..  „....,„.,„  ,„„^^  „^^„.  ,  ^_  .^^.  ,  _^^^  i  ■-» 

..o^Tn  ^;  ,'"  "'7  ""■■  """■'"■''  """"'"'  "'"""•  ''1'°''  "'■  """"" 
lull  l„.  ,„t,.,vrt<.,l  ,„  H,d,  l„n.ls.  ,lK.  .ai,l  J„s,i,..  .|„ui  „,,,,„„„, 

appraisers,  ami  u<n;.r  ai.,1  :„  tl„.ir  I„.|,ult; 

fn!"'i  '"^V""'  ""■::*'"■'  "'■  ""■  '■"'■^'""''•""  ^lull  l.a>>.  ,.„„■..,• 

S.r.  XII.    Ml  ,1,,  st„,.Icl,ol.|..,s  ,M„1.T  this  Act  sl,„I]  1„.  S..V,.- 

m.l,C„,„pam.„„.  all   f,„  ,|„.„,  ,,,„„,„,^.,|   ,     „,,  j^,„„,,,  ^„.  »* 
Bmv<-,„,-s   ,„■  „„v„|s  ,„■  .,,,1,    Cou^jnmy.   ,;„•   i,s   use,  „„til  ,|,„ 
wLole  a„,om,t  „,  ,!,„  capital  stock  of  sai,l  Con,,,a„v  is  paid  i„ 

a.ui  a  ce,.t,tote  tluTeof  tile tl,e  olliee  of  L  Ole.k  of  tl,o 

C«,„ty„    tne     Of  tkMvhole  .-apital  stock  sul.serib„l,  on  ! 
mlt  shall  be  pa,d  ,,,  ,ntl,!„  two  ve„,-s.  ai„l  the  one-half  ,vi,h!„ 
three  yeais  i,,„„  ,|,e  ti,„e  of  the  i„eorpo,-atio„  of  suhl  Co>n- 
pn..y.     1,  the  D.reetors  of  said  eo.poratio,,  shall  contract  del,t» 
or  the  Cotnpany  exceedin,c  in  the  aRmrato  the  an,o„„t  of 
the  capital  stock,  thev  shall  ,,riu,arily  be  pe,.onalIv  liable  tor 
buch  e«ess,  and  the  stockholders  shall  be  secondarilv  liable 
for  such  excess,  in  the  ratio  of  their  respective  shares  of  Mock 
9 


Company  to  po,.  ^^^- ^^^^-  The  Said  coiTporation  shall  possess  the  general 
'Z.r.'T'ul  J''^'''''''  ^"'^  ^^  ^"^Je«*  ^o  the  general  liabilities  prescribed  by 
nXn:i  '""'^  P"^'^"^  ^^"  the  eighteenth  cliapter  oi  the  iirst  part  of  the 
"'^'-  Eevised  Statutes  as  are  not  repealed., 

Sec.  XIV.  If  any  person  shall  wilfully  do,  or  cause  to  be 
Person,  not  to    ''"^'  ''"^'  '"''^ ""'  ^^^^  ^vluitcver,  whercby  said  l)ri(Ige,  its  lights, 
ob.truct work,  stations,   worlvS,  machinery,  fixtures  or  other  appurtenances 
thereto,  or  any  part  tlieivoi',  or  any  work  or  approach  apper- 
taming  ^hereto,   shall  be  obstructed,  impaired,  weakened,  de- 
stroyed or  injured,  the  person  so  offending  shal!  forfeit  to  said 
corporation  treble  damages  sustained  by  means  of  such  offence 
or  injury,  to  be  recovered  in  the  name  (,^f  the  corporation,  with 
costs  of  suit,  by  action  of  debt,  and  shall,  moreover,  be  guilty 
of  a  misdemeanor,  and  be  punished  by   fine  or  imprisonment, 
or  both,  by  any  court  having  cognizance  of  the  offence. 

Sec.  XV.  Said  bridge  may  be  constructed  as  well  for  the 
passage  of  persons  on  foot  and  in  carriages  and  otherwise  as 
V.fJZtp^:M  the  passage  of  railroad  trains  ;  but  all  such  railroad  compa- 
^'r^^  nies  as  are  mentioned  or  referred  to  in  the  seventh  section  of 
tins  act,  shall  have  and  be  entitled  to  the  same  and  equal  rio-hts 
and  privileges  in  the  passage  of  said  bridge,  and  in  the  use  of 
the  machinery  and  fixtures  thereof;  and  of  all  the  approaches 
thereto. 

Sec.  XVJ.  AVhenever  the  said  In-idge  shall  be  completed  for 
the  passage  of  ordinary  teams  and  carriages,  the  said  Company 
may  erect  toll-gates.,  fix  rates  of  toll,  and  make  such  erection 
as  tiie  Directors  may  deem  exi^edient  to  guard  the  entrance  on 
said  bridge ;  but  no  greater  tolls  than  the  followin<.-  shall  be 
charged,viz :  For  every  foot  passenger  entering  upon  or  passincr 
over  said  bridge,  twenty-five  cents  :  A>r  every  horeo  and  ride^ 
lifly  cents ;  for  every  horse  and  single  carriage,  sixty  cents,  and 
an  addition  of  eighteen  and  threefburths  cents  for  every  pis- 
senger  actually  traveling  m   ,uch   carriage;  all  other  passen- 


\  ^ 


11 

gcrs,  the  sum  of  twenty-five  cents  each ;  for  each  double  car- 
nage  and  two  liorses,  one  d.^llar,  and  the  same  rates  for  passen- 
gers, and  tvV'enLy-live  cents  for  each  additional  horse  attached 
to  sucli  carriage ;  for  sheep  passing,  one  and  a  half  cents  per 
head  ;  fcr  swne,  two  cents  each  ;  for  neat  cattle,  six  cents  per 
head ;  for  each  horse  in  droves  or  in  cars,  twelve  and  a  half 
cents. 

Sec.  XVir.  Whenever  said  bridge  is  so  completed  as  to  admit 
of  tlie  free  passage  of  railroad  trams,   the  said  Company  may 
erect  such  gates  and  fixtures  to  guard  the  entrance  of  such  trains 
upon  the  brdge  as  the  said  Directors  may  deem  proper,  and 
may  make  such  by-laws,  rules  and  regulations,  not  inconsistent 
with  the  provisions  of  this  act,  in  relation  to  the  use  of  said 
bridge,  Its  inaclimcry,   appurtenances  and  approaches,  by  raih 
road  companies,  their  trains  and  carriages,  and  the  compel  na- 
tion to  be  paid  therefor,  as  said  Directors  may  think  proper  • 
but  no  discrimination  shall  be  made  by  the  said  Directors,  in 
favor  of  or  against  any  one  or  more  railroad  companies,  in  rela- 
tion to  the  approaches  or  the  passage  of  said  bridge,  or  the  use 
of  Its  macninery,  or  the  compensation  therefor. 

Sec.  XVIII.  If  any  person  shall  force  or  attempt  to  force 
any  gate  or  guard  of  said  bridge,  or  the  approaches  thereto 
without  having  paid  the  established  toll  or  compensation  for 
passing  the  same,  such  person  shall  forfeit  and  pay  to  said  com- 
pany five  tunes  the  amount  of  such  toll  or  compensation,  to  be 
recovered  in  the  manner  aforesaid. 

Sec.  XIX.  The  said  Company  shall  have  power  to  erect 
coffoi- dams  and  such  other  works  in  Black  Rock  harbor  and 
tjc  Niagara  river  as  may  be  necessary  for  the  construction  of 
such  bridge,  provided  the  navigation  of  said  harbor  and  river 
shall  not  be  unnecessarily  obstructed  or  materially  impeded  bv 
sudi  works,  and  it  shall  be  the  duty  of  said  company  to  put  up 
ana  maintain,  in  the  night  time,  during  the  season  of  lake  navi^ 


Q 


gation,  a  good  and  sufficient  liglit  at  each  end  of  any  coffer  dam 
wliich  may  be  erected  by  said  company;  said  liglit  to  be  placed 
at  least  five  feet  above  said  dam  ;  and  also  such  buoy,  during 
both  day  and  night,  as  may  be  necessary  for  the  guide  of  per- 
sons navigating  said  river  and  harbor. 

Sec.  XX.  The  corporation  hereby  created  shall  have  power 
to  use  any  of  the  streets,  squares,  lanes  or  alle3's  of  the  city  of 
Buffalo,  or  lands  in  said  city,  owned  by  the  people  of  the  State 
of  Xew  York,  ibr  the  erection  of  such  bridge  and  the  works 
or  approaches  tliereto  appertaining,  provided  the  consent  of  the 
Common  Council  of  the  said  city  of  Buffalo  shall  first  bo  ob- 
tained. 

Sec.  XXL  If  the  said  bridge  shall  not  be  commenced  within 
five  years,  and  completed  within  ten  years,  said  corporation 
shall  fron^  henceforth  cease. 

Sec.  XXII.  This  act  shall  take  effect  immediately. 


A.lSr    A.CT 


To  Incorporate  the  International  Bridge  Company. 

Whereas,  the  construction  or  ;i  Bri(lgc  across  tlie  Niagiira 
River,  ;it  or  near  the  village  of  Waterloo,  in  the  Township 
of  Bertie,  would  be  of  groat  advantage  to  the  i)iiblic,  and 
thc])ersons  hereiiuilter  named  (amongst  others)  have  peti- 
tioned for  an  Act  of  incorporation  ibr  facilitating  that  object  : 
Therefore,  Jler  :\lajesty,  hy  and  with  the  advice  and  consent 
of  the  Legislative  Council  and  Assembly  of  Canada,  enacts 
as  follows : 

r.— David  Christie,  John  Fraser,  Jolrn   Oldfiehl,  ]-{o])ei-t  11. 
Barlow,  Thomas  :\rayne  Daly,  .Joseph  D.  Clement,  Allen  Cu--- 
horn,  Alexander  Douglass,    William  A.  Thomson,   Michael  TL  'i«--c''tor".' 
Foley,  Angus  :^ro^•ison,  John  AVilson,   (xeorge  B.  .Southwiclc. 
and  all  sueh  other  person  or  persons  as  shall,  under  the  provi- 
sions of  this  Act,  become  subscribers  to  or  proprietors  in  the 
Company  hereby  intended  to  be  incorporated,  shall  be  and  are 
hereby  united  into  a  Company,  for  const]-ucting,  maintaining, 
working  and  managing  a    Bridge  across  t]io  Niagara  Eiver,' 
from  some  point  at  or  near  the  village  of  \V^aterlooi'(kn..u-n  as     ' 
Fort   Eric,)  m  the  said  T(       shij)  of  Bertie,   to  tlie  City  of 
Bulfldo,  according  to  the  rules,  orders  and  dirceti(uis  of  this  Act, 
and  sluill  for  that  purpose  be  a  body  corporate  and  politic  by 
the  name  of  the  "  International  Bridge  Company.''     And  t!ie 
paid  Company  shall  l)c  and  they  are  hereby  a'uthorizcd  and 
empowered  from  and  after  the  passing  of  tliis   Act.  bv  them- 
selves, their  agents,   officers,  workmen  and  servants,  io  m;d<c 
and  complete  the  Bridge  aforesaid,  and  to  purchase,   ncinire 
and  hold  such  real  estate  as  is  hereinafter  mentioned,  and  irom 


:  u 

time  to  time  to  sell,  alienate  and  dispose  tliercoi;  and  to  acquire 
othei-s  in  lieu  thereof,  as  may  be  requisite  for  the  object  afore- 
said. 


Capital  stock. 


II.—The  ea]^ital  of  tlie  sai<l  Company  sl.all   be  five  hundred 
thousand  dollars  divided  into  live  tliousand  shares  of  one  hun- 
dred dollars  eacli,  with  power  from  time  to  time  to  increase  the 
said  Capita]  Stock  to  one  million  dollars ;  such  shares  as  afore- 
said  shall  be  and  the  same  are  hereby  vested  in  the  shareholders 
and  their  respective  heirs,  executors,  administrators  and  asshms 
to  their  i,roj)er  use  and  behoof,   proportionately  to  the  sums 
subscribed  and  paid  by  each  of  the  said  sliareholders  respect- 
ively  ;  and  accordino-  to  tlie  same  proporti.^n  each  of  the  said 
"^K2  -'yf '^^■^•';'^';^*'^'^  respectively  shall  be  entitled  to  have,  receive  and 
take  their  portions  respectively  in  the  net  profits  and  income 
tiiat  may  arise  or  accrue  therefrom  ;  and  the  said  shareholders 
respectively  may  sell,  transfer,  give  or  alienate  the  shares  held 
by  them  resi)ectively,  whensoever  they  respectively  consider  fit 
subject,  however,  to  the  by-laws  of  the  said  Company  to  be 
made  by  the  Directors  hereinafter  mentioned,  and  as  hereinafter 
provided ;  and  the  said  shares   shall   be   held   personal  estate 
notwithstanding  the  conversion  of  any  portion  of  the  said  Cai)- 
ital  htock  into  land  ;  and  no  shareholder  shall  be  liable  for  the 
payment  of  any  debt  or  obligation  due  by  the  said  Corporation 
beyond  the  unpaid  amount  of  the  shares  held  by  him  in  the 
same.  , 

riI.-At  all  meetings  of  the  said  Corporation  each  share- 
holder may  vote  by  proxy  duly  ai)pointed  in  writing,  or  in 
prow  on  .oc.;'^'''"^\''"^^  '^'''^^  ^''  ^^^^^^^Icd  to  ouc  votc  for  cach  share  held  by 
heu..o<.ay,s.  Ihui  in  h.s  owu  nauie,  or  lu  the  iiamcs  or  name  of  the  person 
or  persons  of  whom  he  may  be  the  heir  at  law,  or  the  proper 
legal  executor,  administrator  or  legatee,  for  at  least  one  calen- 
dar month  previous  to  the  day  of  election  ;  and  all  questions 
proposed  or  submitted  for  the  consideration  of  the  said  meet- 
ings shall  be  finally  determined  by  the  majority  of  such  votes" 


PharelinUlcrs 
may  vote  liy 


I 


( 


15 

IV.— The  persons  hereinbefore  named,  or  the  rnajorifj  of 
them,  shall  cause  books  of  subscription  to  b3  ooened  in  tli,>  vll     ^ooksto  1,0 

1  V  AIT    t      1  ■  .  ,  v/i^v.um   ill   tut.    \  u-         0|icne(l. 

lage  ot  W  atorloo  atoresaul,  in  the  Town   oi  Bruntfonl,  and  in 
the  City  of  Toronto,  for  thirty  days,  and   attcrwards  in  sucli 
other  pUices  as  they  may  from  time  to  time  a])point,  until  the 
meetiu-,'  of  the  shareholders  hereinafter  provided   fur,  for  re- 
ceivin<r  the  subscriptions  of  persons  willing  to  become  subscri- 
bers to  the  said  undertaking,  and  for  this 'purpose  it  shall  be 
their  duty  and  tl^y  ar^  hereby  recpured  to  give  public  notice 
in  one  or  more  newspapers  published  in  the  County  of  \Vel- 
land,  in  the  Town  of  lirantford,  aiul   in  the   said  City  of  To-  ^'°"=^ '"  *"  »'"- 
ronto,  respectively,  as  they  or  a  majority  of  them  may  think 
proper,  of  the  time  and  places  at  which  such   books  will  be 
opened  and  ready  for  receiving  subscriptions  as  aforesaid,  the 
persons  authorized  by  them  to  receive  subscriptions,  antl  a  char- 
tered bank  or  banks  into  which  the  ten  per  cent,  thereon  is  'to 
be  paid  at  the  time  hereinafter  limited  for  such  payment;  and 
every  person  whose  name  shall  be  written  in  such  books'  as  a 
subscriber  to  the  said  undertaking,  and  shall  have  paid  within 
ten  days  after  the  closing  of  said  books  into  the  bank  or  baidcs  Ten  per  cent,  m 
aforesaid,  or  any  ot  the  branches  or  agencies   thereof,  ten  pel-    "'""' 
centum  on  the  amount  of  stock  so  subscribed   for.  to  the  credit 
of  the  said  Company,  shall  thereby   become  a  shareholder  of 
the  said  Company,  and  shall  have  the  same  rights   and  privi- 
leges as  such  as  are  hereby  conferred   on    the  several  jx'rsons 
who  are  herein  mentioned  by  name  as   mendjers  of  the  said 
corporation;  and  such  ten  per  centum  shall  not  be  withdrawn 
from  the  said  bank  or  banks,  or  otherw  ise  applied,  exce])t  for 
the  purposes  of  the  said    Conipany    or   upon  the  dissolution 
thereof  for  any  cause  whatsoever;  rro\ided  furrher,  tliat  if  the 
total  amount  of  subscriptions,  within  the  thirty   days  limited 
as  aforesaid,  shall  exceed  the   said  sum  of  live  huml red  tiiou- ''"'.■"  ."'"-^   ^'^ 
sand  dollars,  then  in  such  case  the  shares  of  each  subscriber  or 
subscribers  shall  be,  as  near  as  may  be,  proportion  ably  reduced 


16 

l\y  the  persons  ]iercin])ofoiv  named  or  a  maiorify  of  tliem,  un- 
til the  total  number  of  sliares  shall  l,e  Lrou-ht  down  to  five 
tliousand  shares. 

''^^::;:rtZ  ,  ^^—«<^' «oon  as  two  hundred  and  My  thousand  dollars  of 
-i-u„s.,.  the  capital  stoek  of  the   said   Con.pan/  shall    have  heen  suh- 
smhe.l,  and  the  ten  per  eentum  ],aM  as  albresai<l,  it  shall  be 
th..  duty  ot  the  said  j)ersons  hereinbetbrc  name<l,  or  a  majoritv 
ot  them,  to  rail  a  -eneral  nieetin-  ot  the  shareholders,  tbr  tlK" 
pui-pose  of  putting  this  Act  into   etteet;  whieh   said  meetin.v 
shall  be  held  at  the  villag-e  of  AVaterloo  aforesaid,  and  tlnrtv 
days  previous  notice  thereof  shall  be  ^iven  in  the  news^aner^ 
as  J.erem before  ja'ovide.l  in  the  fourth   section  of  this   Yet-  at 
wh.ch  suHl  scleral  nieetin-,  the  shareholders  shall  choose  nine 
u:,.ec,o...,.o..„  Directors,  in  the  n.anuer  and  .pialificd  as  Invcinatter  n.entioT.- 
••d,  who  shall  hold  office  until  thc>-first  annual  ^cu-ral  meetin.. 
or  the  eu^t.on  of  Directors,  and  until  others  arc  aj^pointcd  in 
their  stead.  ^  ' 

_  yL--[n  each  year  aher  t!u>  sahl  meetin<v  hereinbefore  pro- 
^^^  vuh-d  i.,r  the  inst  election  of  Directors,  the  annual  o,,„cral 
mcetino.  of  the  said  shareholders  shall  be  held  r,n  ti.e  fir.t 
iues.lay  .n  duly  m  eael,  year,  at  tW^  said  y\llau:v  of  Waterloo 
at  such  h<,ur  and  place-  as  the  said  Directors  mav  appoii.t;  and 
public  notice  snail  be  ^iven  riiereot;  by  notice  ii^sertci  twicv  or 
oitener,  at  least  ei^ht  .lays  previou.  to  c.u-h  said  uuvtin--  in 
some  one  ne^^^.paper  or  newspapers  published  in  the  su<l  cCm.- 
ty  of  V  ellaud,  the  said  Toun  of  iirunttord.  and  the  Cirv  of 
ioronto,  respect! v(,Iy. 

^o.,.^,  p.o,y.  ^^'---^f^'H'h  first,  and  at  c^veiy  subse.juent  annual  ovneral 
iHeefng  ot  the  said  shareholders  hcreinbclbn.  directed,  H.e  said 
shareholders,  or  a  n.ijoriry  of  them  there  present,  either  bv 
l''oxy  or  m  person,  by  vo!e,  according,  ro  the  said  nundu  r  of 
siiarc^,  shall  choose  nine  persons  then  beino;  shaivholders  in  the 
said  Corporation,  which  persons  so  chosen  shall  be  the  Board 


Aumiiil  meet 


to  five 


17 

of  directors  to  manage,  direct,  and  cany  on  tlie  affiiirs  and 
business  of  the  said  Corporation   for  one  year  next  following 
I  such  annual  meeting,  or  until  another  Board  of  Directors  shall 

1)6  appointed;  and  particularly  such  matters  and  things  as  are 
by  this  Act  hereinafter  dir"cted  and  authorized  to  be  done  bv 
such  Directors,  and  as  shall,  from  time  to  time,  be  ordered  by 
■:  such  annual  or  otlier  general  meetings  of  the  said  shareholders; 

and  shall  liave  power  to  na?ne  and  ai)point  from  the  members  "p""'""-  """ 
of  the  said  Board,  a  President,  Vice  President,  Treasurer,  and 
Secretary:    And   at  any  meeting  of  tlie  said   Directors  duly 
held,  any  seven  members  of  such  Board  shall  be  a  quorum,  and 
may  exercise  the  powers  of  the  said  Board:  Provided  always, 
that  sucli  President,  or  Vice  President  in  the  absence  of  the 
President  to  be  chosen  as  aforesaid,  in  addition  to  his  own 
vote,  shall  have  a  casting  vcte  in   case  of  an  eijual  division  of 
votes,  at  tl)e  meetings  of  the  aforesaid  Directors:  Provided  al- 
ways, that  such  Boar.l  shall,  from   time  to  time,  make  reports  ""'"ponH.  ""'' 
of  their  proceedings   to,  and  l)e  subject  to  examination  and 
control  of  the  said  general  meetings  of  the  shareholders,  and 
sluiM  pay  obedience  to  all  such  orders  and  directions  in  and 
about  the  premises  as  shall,  from  time  to  time,  be  onlered  and 
directed  by  the  said  shareholders  at  any  such  general  meeting, 
such  orders  and  directions  not  being  contrary  to  the  provisions 
of  this  Act  or  to  the  laws  of  tliis  Province:  Provided  also,  that 
the  Directors  who  are  to  be  chosen   at  the  first  meeting  of  tiie 
said  shareholders  sliall  be  a  Board  for  the  j>urposes  aforesaid, 
until  the  said  first  annual  general  meeting,  and  shall  have  the 
like  powers,  and  exercise  all  or  any  of  the  powers  vested  by 
this  Act  in  the  said  Board  to  i)e  chosen  at  such  first  or  othJr 
general  annual  meeting:   i^-ovided  also  furtlier,  that  the  mem- 
bers of  any  sucli  Board,  at  any  time  going  out  of  ofiice,  may 
be  re-elected:  Provided  also  fui-ther,  that  security  may  be'taken 
from  any  of  the  ofhce-ljearers  of  the  said  Company  for  tiie  due 
fulfilment  of  their  duties:  And  |.)rovided  also  furtlier,  tiuit  any 
stockholder  in  the  said  Company,  whether  a  British  subject  or 


18 


Allen,  may  hold  ""^'T'  ''"  ""  ''''''^'"*  '"^  ^'^"^'^''^  ''''  ^^^^^'^^ro,  shall  have  an  equal 
.lock.  nn-iit  to  hold  stock  in  the  said  Conijja^.j,  and  to  vote  on  the 

stmie,  and  to  be  eligible  to  otHce  in  tlie  said  Company. 

A'lll.— The  failure  to  hold  the  lirst  annual  general  meeting 
'""flrs,  'annua}  ^^'  ^"J  ^.ther  meeting,  or  to  elect  such  Boaid  of  Directors,  shall 
"■"^""x-  not  dissolve  the  said  Corporation;  but  such  failure  or  omission 
shall  and  may  be  su])plied  by  and  at  any  special  meeting  to 
be  called  as  tlie  said  Directors  may  appoint  for  that  purpose: 
And  until  such  election  of  a  new  iioard,  those  who  may  be  in 
otlice  for  the  time  being  shall  be  and  .continue  in  olKce,  and 
exercise  all  the  rights  and  powers  thereof  until  such  new  elec- 
titm  be  made  as  hereinbetbre  provided. 

JX.— The  said  Board  shall  have  and  be  invested  with  full 
r.wr«  of.he  power  and  authority  to  conduct,  manage  and  oversee,  and 
transact  all  and  singular  the  concerns,  aflairs  and  business  of 
the  said  Cor]iora'ion.  and  all  nudters  and  things  whatever  in 
any  wise  relating  to  or  concerning  the  same,  and  amonirst  other 
things — 

Firstly-To  appoint  and  employ  and  remove  all  such  engi- 
Appo!nt8««ont,.  "^^^'^'  '^^t^"^s  or  agent,  servant  or  servants,  of  the  said  Corpo- 
ration, as  they  may  find  liom  time  to  time  expedient  or  neces- 
sary, and  to  regulate  the  duties  and  fix  the  salaries  and  wao-es 
ot  such  agents  and  servants,  and  all  the  necessary  expenditure 
for  the  management  an.l  working  of  the  said  Corporation; 

Secondly-To  regulate  the  form  of  certificates  of  shares  and 
ail  matters  relating  to  their  transfer; 

_Tlurdly-To  choose  and  acquire  for  and  in  the  name  of  the 
Bit.  of  bridge  ^^;^  Cor])oration,  the  requisite  site  ibr  the  construction  of  the 
said  Bridge  and  its  dependencies,  and  to  enter  into  tlie  neces- 
sary arrangements  and  agreen.ents  for  the  construction  of  the 
same,  and  during,  upon,  and  after  its  construction  to  have  the 
entire  management  and  disposition  thereof,  and  further  to  unite 
with  any  other  Company  to  be  chartered  by  the  People  of  the 


19 


State  of  New  York  for  a  similai-  purpose,  and  to  enter  into  all 
requisite  eontracts  and  ag-reenients  tlierewitli; 

Fonrtldy— To  order  the  payment  ot  any  sum  ot  money  they 
may  deem  necessary  for  the  purposes  of  tills  Aet;  "  P»y  money. 

Fifthly— To  contract  a  loan  or  loans  for  or  in  the  name  of 
the  said  Corporation,  not  excoe.lin-  in  th..  whole  at  any  one 
time  tiie  sum  of  two  hundred  thousand  dollars,  upon  such  terms ''"'"''  ' 
or  at  such  rate  of  interest  less  than,  erp.al  to,  or  -reater  than 
the  legal  rate,  as  may  be  agreed  upon,  and  to  ],ledo-e  and  mort- 
gage the  real  and  personal  property  of  the  said  ^Corporation 
tor  the  payment  of  any  sucli  loan  oi-  interest; 

Sixthly— To  make  such  calls  of  money  from  the  several 
shareholders  for  the  time  being,  upon  the  sliares  sul^cribod  for*"''"""' 
by  them  respectively,  as  the  said   Board  shall  find  neccssarv 
and  in  the  name  of  the  said  Corporation  to  sue  for,  recover  and 
get  in  all  such  calls,  and  to  causa  and  declare  suck  shares  to  be^'^fSeT 
forfeited  to  the  said  Corporation  in  cas.  of  non-payment  of  anv 
such  call,  and  in  such  way  as  they  shall  see  fit  to  prescribe  by 
any  by-law  ;  and  an  action  of  debt  may  be  brought  to  recover 
any  money  due  on  any  such  call,  and  it  shall  not  be  necessary 
to  set  forth  the  special  matter  in  the  declaration,  but  it  shall  be 
sufficient  to  allege  that  tlie  defendant  is  the  holder  of  one  share 
or  more,  as  the  case  may  bo,  in  t!ie  capital  stock  of  the  said 
Corporation,  and  is  indel)ted  to  the  said  Cori)oration  in  the 
sum  to  which  the  call  or  calls  amount,  (as  the  case  mavbe,  sta- 
tmg  the  number  and  amount  of  such  calls,)  whereby  an  action 
hath  accrued  to  the  said  Corporation  to  recover  the  same  from 
such  defendant  by  virtue  of  this  Act,  and  it  shall  be  sufficient 
to  maintain  such  action,  to  prove  by  any  one  witness,  that  the 
de  endant  at  the  time  of  making  any  such  call  was  a  share- 
holder in  the  number  of  shares  alleged,  and  that  any  call  sued 
for  was  made,  and  notice  thereof  given  in  conformity  with  any 
such  by-law  prescribing  such  call,  and  it  shall  not  be  necessary 


lOani. 


m 


to  prove  tlio  appointment  of  the  said  DireetorH  or  any  other 
matter  whatsoever ; 

Suvenlhly — To  make  the  necessary  l)y-huv.s  in  reference  to 
MaymukfiHy-  the  powevs  and  duties  imposed  and  conferred  U])on  the  said 
iJoard  by  tliis  Act,  and  n-^nu  rally  lor  the  goyernnient  and  man- 
agement of  the  !>aid  Corporiitinn,  subject  always  to  the  provi- 
sions of  this  Act  and  ..rihe  laws  of  this  Province;  with  power 
to  the  said  I]();in!  to  vary,  alter,  rrpcid  or  reyiv(\  any  of  the 
said  by-laws;  I'l'oyided  always,  nevertheless,  that  all  such  by- 
laws, rules  or  orders,  and  any  such  vai-iation,  altcj-ation  or  re- 
peal thereof,  may  be  reviewed  or  disallowed  at  any  genei-al 
meeting  of  tlie  said  shareholders. 

"^mcering"'""''*'      ^^•""'J'^'^'  ^''''^  l^oanl  shall  and  may  call  and  convene  special 
and  general  meetings  of  the  shareholders  whenever  it  shall  be 
necessary,  and  so  often  as  shall  be  required,  upon  the  requisi- 
tion of  at  least  live  shareholders,  and  shall  give  the  public  no- 
tice lierinbefore  mentioni'd  of  tlie  holding  of  any  such  special 
general  meeting,  and  shall  at  each  annual  general  meeting,  or 
at  any  special  meeting  to  be  called  for  that  purpose,  submit  to 
the  shareholders  a  clear  and  detailed  statement  of  the  affairs 
and  accounts  of  the  said  Corporation,  whereupon  at  such  meet- 
ing the  same  shall  be  examined  and  audited,  and  if  any  divi- 
dend upon  the  capital  stock  is  thereupon  to  be  made,  the  same 
shall  at  such  meeting  thereby  be  declared. 

Cham'n pro  tern.        a,'t         T        i  i 

A.I.— fn  the  absence  of  the  President  and  Yico  President,  at 
any  meeting  thereof,  it  shall  be  in  the  power  of  the  Directors 
present  to  elect  from  among  themselves  a  chairman  for  the 
time  being,  who  in  addition  to  his  own  vote,  shall  als6  in  case 
of  an  equal  division  of  votes,  have  a  casting  vote  at  such  meet- 
ing, and  in  the  event  of  the  death,  resignation,  continued  ab- 
sence, incapacity  or  disqualiiication  of  any  mcmljcr  of  the  said 
Board,  the  shareholders  shall,  at  a  meeting  to  be  called  for 
tliat  purpose,  as  hereinbefore  provided,  choose  a  shareholder 
iiistead  and  in  place  of  such  member,  and  such  shareholder  so 


21 


chosen  shall  form  part  of  the  said  Board  until  the  then  next 
annual  election. 

XIL. — The  sail]  Corporation  is  hereby  cni[)0\vcivd  to  pur- 
cliase,  rccinve  and  liold  such  real  estate,  to  the  extent  of  ten 
af-'res  in  the  whole,  ;is  may  be  necessary  and  convenient  in  ac- 
complishing tlu;  object  for  which  tliis  charter  is  granted,  and 
may,  by  their  surveyors  and  engineers,  enter  upon  such  sites 
ami  locations  and  take  ])ossession  of  the  same;  all  such  sites 
and  locations  shall  be  purchased  of  the  owner  or  owners,  at  a 
price  to  be  mutually  agreed  upon,  or  in  case  of  disagreement 
as  respects  the  acquisition  of  the  said  lands,  the  several  clauses 
of  '•  The  Eailway  Clauses  Consolidation  Act,"  with  respect  to 
"  Lands  and  their  Valuation,"  in  so  far  as  the  same  may  be  ap- 
plicable to  the  objects  of  this  Act,  shall  be  incorporated  here- 
with and  form  part  of  this  Act,  'as  if  the  same  had  been  ex- 
pressly set  fortli  herein. 

XIII. — The  said  bridge  shall  bo  constructed  so  as  not  mate-,, ,, 

^      _         _  Bridge    not  raa- 

rial I V  to  obstruct   the   navigation   of  the   Nitigara  liiver;   the    <|^^"'''''y 'o  .o''- 

<-  '^  o  I  struct  navigii- 

said  bridge  shall  have  two  draws,  one  across  Black  liock  liar-  """" 
bor,  and  the  other  across  the  main  channel  of  the  river,  which 
said  draws  shall  be  of  ample  width  to  give  free  and  unobstruct- 
ed passage  to  all  steamboats  and  other  vessels  navigating  the  suitable  draws, 
said  river ;  the  said  draws  shall  be  at  all  times  tended  and 
moved  at  the  expense  of  the  said  comj^any  so  as  not  to  hinder 
unnecessarily  the  passage  of  any  steamboats  or  vessels  ;  From 
sundown  until  sunrise,  during  the  season  of  navigation,  suita- 
ble lights  shall  be  maintained  upon  the  said  bridge  to  guide 
vessels  and  steamboats  approaching  the  draws ;  and  for  as- 
sisting the  passage  of  any  vessel  through  tlie  said  draws,  the 
said  company  shall  at  all  times  kceep  in  readiness  one  or  more 
steamboats,  or  steam  tugs,  suitable  for  towing  the  said  vessels  „ 

.         ,  steam  tugs. 

through   the   said   draws,    and   shall   tow  all  the  said  vessels 
through  the  same,  wLienever  requested  so  to  do  by  the  officers 


i'2 


a     ,r    v,tl.o,,,cI,n,w.;  a,.,l  il.o  said  c.M„,,..,nv  d,„ll  U-  l,.l,lo 
to  |..iy  tl.o  owncrn  ol  a„y  st.M,„l»mt  or  wssrl,  or  „f  ,|,,  cir«,L« 

"'•sN^ct  of  tho  provisions  ol  i|,i,  s,,etion.  ^ 

"a;sr,,,,:!'^'-~'^'''''™''V''''''-' "'"'''  ''""■"  ^^'■"  '"■• "'"  parage  of 

"'"""" ''•""'"?  °» ''"'  ••""I  i"  ■■••••"■i'WH,  a,„l  oti.erwis,,  as  for  the  pas- 

^  of  railway  trains,  and  suci,  railway  con,panic,,  as  arc  here- 
■flo.  .nent.onod  or  referred  to,  sl.all  have  and  be  entitled  to 
e  santc  and  e,|ual  rights  and  privileges  in  the  ,,assage  of  tl  e 

Id    f '.;  HI ""    '"  "'V'"  f  "■"  '""^''''™-^  ""■'  "^^'-^  «'-"^ 
ana  ot  all  the  a])i)roachcs  thereto. 

'^^1'  after  have,  a  ternnnus  at,  or  shall  run  its  trains  to  or  from 

,  RM,.a.,  n,a.  ^">'  P-^'^t  at  or  near  the  said  villacre  of  ^V-iterloo  Vr  t  i 

loan  their crertit'citv  of  T^iiv.i  i    ii  *  "i",i-<-    ui    >\  aierjoo  or  tiie  saul 

ut.A  ol  linMo  or  shall  run  its  trains  in  eonnection  with  anv 
road  hav„,g  sneh  terminns,  or  upon  whieh  trains  are  o    sh 

of  r,:;ai:;;;v  ;"„'""  i""?'-  "^"^-"■^"'  ■"•■'3-.  -* "^  -, : 

.1  e  cZTat?:,?   "'V''"'"''"'*''-"  "f  "'  ^""■l--.  '<«"  it«  credit  to 

c:u:;^w;:"^'^"."''  -"^  """"'^'^  eorpor.1;  "!■; 

n.i.sa^e.id,s4-^;;:;i;;-— -,-j-- 

Canada  Municipal  Corporation  Acts.  .  ^  ^ 


Toll-gatei. 


23 

bridge,  its  machinery,  appurtenances,  and  approaches  by  rail. 
way  companies,  their  trains  and  carriages,  as  the  Directors  may 
think  proper,  bm  no  discrimination  shall  be  made  by  the  said 
Directors  in  I'avor  of  or  ajrainst  any  one  or  more  railway  eom- 
I)anies,  in  reUiti<)i\  to  the  approaches  or  the  passage  of  the  said 
bridge,  or  the  use  ot  its  machinery. 

XVII.— If  any  person  shall  force,  or  attempt  to  force,  any 
gate  or  guard  of  the  said  bridge,  or  the  approaches  thereto,  or 
if  any  person  shall  wilfully  do,  or  cause  to  be  done,  any  act  or  violation  of  »oii 
acts  whatsoever,  whereby  the  said  bridge,  its  lights,  stations,    '"'"'"''"'<'"• 
works,  machinery,    fixtures,  or  other  appurtenances   thereto, 
any  part  thereof,  or  any  work  or  approach  appertaining  thereto, 
shall  be  obstructed,  impaired,  wcidccned,  destroyed  or  injured, 
the  person  so  ofll-nding  shall  forfeit  to  the  said  corporation  tre- 
ble the  damag(>s  sustained  by  means  of  such  oilence  or  injury, 
to  be  recovered  in  the  name  of  the  said  company,  with  costs  of 
suit,  by  any  proi)er  action  for  that  purpose,  and  shall  moreover 
be  guilty  of  a  misdemeanor,  and  be  punished  by  fine  or  impri- 
sonment, or  both,  by  any  Court  or  Justice  having  cognizance 
of  the  same. 


^^m-— The  eaid  company  shall,  three  months  before  any  company  to  gir. 
steps  are  taken  in  erecting  the  piers  of  the  said  bridge,  cause    °''""" 
to  be  published  in  one  of  the  public  newspapers  in  each  of  the 
Counties  of  Lincoln,  Welland  and  Brant,  a  notice,  in  which 
shall  be  stated  the  particular  location  of  the  said  bridcre  with 
reference  to  known  landmarks,  the  number  of  its  piers,  the 
length  and  breadth  of  its  piers,  and  the  distances  between  them, 
the  width  in  the  clear  of  the  draw  openings  respectively,  the 
entire  length  of  the  bridge  from  land  to  land,  and  its  height 
above  the  water  at  ordinary  stages;  and  a  copy  of  this  notice, 
the  facts  of  which  shall  be  verified  by  the  oath  of  the  engineer,' 
signed  by  the  President  and  Secretary  (;f  the  company,  and 
acknowledged  by  them  before  a  Magistrate  or  Notary  Public, 


24 

shall  be  filed  in  the  offices  of  the  respective  Clerks  of  the  Peace 
ot  the  said  herembeiure  m.ntioiu.l  Counties. 

Cofferdams.  ^I^-— The  said  comT)anv  sliall  Ij.avo  nnw..,.  +^  .      « 

>ian,s  a,Hi  .„cl.  otlu.  wife  i„  t,     Ki  !,"' J   v  ^  "'     ™^" 
..«.,,«„,.  for  the  const,.,..,,.,,  o.'  m,    f    i  ,1         ,,. '1'™^" 

;-  put  up  a,,„  ,„„:„.„,,  i„  „„  „„„;;:•,;,„;  -'i-;^. 

tin.  ■iav,,a,t,<,n,  a  f;„o,|  a,„|  s„lli-i,.„[  i;„|„  nt  ,„  i 

liKl.t  ...  Ik.  piaeed  at  ].  .t  five     „?     "  """  r'"''""^'-  "'"  '^^'^ 

s-i-v  lor  the  o-„i,|.,,„.,.  ,,.•  ,         '  ^"^'  ''^  '"'K^  '^^  Pieces- 

«.v  shall  obtain  ,         ',  „        '';;;  '■:"''^'  '"-"I--'-'-'  'I-"  -"I- 

--  i..n,n, ;:::;:-  r  :!;:;z::  ";:!t:::f  r;r 

possession  of  an V  niil.lir.  .„.  ,     .  .  "oikr   or  take 

vnvl-=  I  '  Pi'l'iic  j.rupcrty  as  utbresai<i;  nr.r  shall  th. 

^\o^Ks  be  coiiniicnfcfl    in.f-;i    +11,  •  n.ui  rne 

''.  >vhie,,  the  p,;:;;r;.rii :.':;;  ;:r,:;;:^^■'-"^ 

can  be  airected   kIi-iII  I.-m-.^  1  "^  "^  "aviuadun 

TMy  bv  tl.o  ,, In,,,  ./r     :.''''  ''T  ^:""'l'"''-^-  ^'"'ll  "«■!<■  »tm.,. 


rSnvoi'nor 


^..xcopt  by  the  exp..«s  c-onscnf  „f  tb.     '         ""'"«""■«  ■™"' 
8ucb  deviation.  t-ou,.,,,,,.  ,„  Coancil  to 

:  ^vatej„o,i,,t,,;.::-;,vr::;";:;-^;:.;-'-^"V''''^^ 

the  .ai,l  B,.i.|.e  ,„„1  M,..  „-,,,,,,     .  ;,  "'  '  ^  "•-"'ion  of 

tai„i„,,  p,.ovi.led  the  <.„„...„t  o      ,   :         '       "  "-"■'^'»  "'!!'"■- 
.aid  Township  of  Be,.ti„  be  fi...tobta,d'  '"'"'"  "'" 


)f  the  Peace 


erect  coffer 
as  may  he 
ovided   the 
o])8triicti'(l 
1  coiii])a])y 
e  season  of 
^nd  of  any 
IV.  the  said 
dam;  and 
■  be  neces- 
aid  river; 
rks  of  the 
3  beach  or 
fie  com])a- 
mci],  who 
nk  i^roper 
s   oi-  take 
pliali  tile 
's  details 
!iv  illation 
'rove<l  l)y 
'Ic  strict- 
iiertfroni 
oimcil  to 


25 

XXL— If  the  said   bridge  shall  not  be  commenced  within 
tliree  years  and  completed  witliin  six  ycare  from  the  passing  p.JXlV""- 
ot  this  Act,  the  said  Corporation  shall  Irom  thencefortli  cease. 

XXII.— The  Interpretation  Act  sliall  ap])ly  to  this  Act,  and 
this  Act  shall  be  deemed  a  Public  Act. 


[lower  to 
iliairo  of 
'ftion  of 
)  a]>per- 
il  of  the 


^2Sr   A.CT 


( 


Preamble. 
VO  V.  c.  I2T. 


Capital  of  the 
Company. 


To  amend  the  Act  to  Incorporate  the  International 

Bridge  Company. 

Whereas,  an  Act  ^vas  passed  in  the  20th  year  of  Her  Maies- 

J-s  Roign,  mtituled  "  An  Act  to  incorporate  the  International 

Lndge  Company,"  which  it  is  desirable  to  amend,  and  the 

Board  ot  Provisional  Directors  have  petitioned  for  an  Act 

Ibllows         ''  ''''''''  --''"*'^'^'''  ^''  ^^^>^*^^  &«•'  enacts  as 

I.  The  capital  of  the  said  Company  shall  be  one  million  five 
hundred  thousand  dollars,  divided  into  fifteen  thousand  shares 
ot  one  hundred  dollars  each. 

To„s.aybecoi../i  T^'fJ'^'f^^  ^''''^^'  ^^^^J^orized  by  the  Said  Act  shall 
cS^nS•'^:ut,7'  ^°"\P^;^^^'^1  ^^'-  ^^^  passage  of  ordinary  trains  and  carriages, 
.:^^r^^:i'      „  '-'"'^  Company  may  erect  toll-gates,  fix  and  collect  ratel  of 
toll  and  make  such  erections  as  the  Directors  may  deem  expe- 
dient to  guard   the   entrance  to  the  said   bridge  and  prevent 
persons  from  entering  upon  or  passing  the  same  without  pay- 
in.c:  such  tolls;  but  no  greater  tolls  than  the  following  shall  be 
charged  tor  entering  upon  or  passing  over  the  said  bridge,  that 
IS  to  say  :~-l  or  each  foot  passenger,  twenty-five  cents ;  for  each 
horse  and  rider  fifty  cents;  for  each  horse  and  sinde  carria-e  six- 
ty cents,  and  an  addition  of  eighteen  cents  and  three-fourths  of  a 
cent  for  each  passenger  actually  traveling  in  such  carriage;  for 
each  other  passenger  the   sum   of  twentv-five  cent.-  fot- each 
double  carriage  and  two  horses,  one  dollar,  and  ei^iteen  cents 
and  three-fourths  of  a  cent  for  each  passenger  actually  travel- 
ing therein,  and  twenty-five  cents  for  each  additional  horse  at- 
tached  to  such  carriage;  for  sheep,  one  and  a  half  cents  per 


i 


2T 


Qational 

[er  Majes- 
3rnational 
I,  and  the 
or  an  Act 
enacts  as 

illion  five 
3d  shares 

Act  shall 
arriages, 
t  rates  of 
em  expe- 
prbvent 
out  pay- 
shall  be 
rlge,  that 
for  each 
'iage  six- 
rtbs  of  a 
age;  for 
for  each 
m  cents 
'•  travel- 
orse  at- 
mts  per 


head;  for  swine,  two  cents  eacli;  for  neat  cattle,  six  cents  per 
head;  for  each  horse  in  droves  or  in  cars,  twelve  cents  and  a 
half. 

III.  So  much  of  the  thirteenth  section  or  of  any  other  part  company  need 
of  the  said  Act,  as  provides  that  the  International  Bridge  Com-  ""s'-"'"'  ''""^ 
pany  shall  keep  steain  tugs  for  the  purpose  of  towing^ vessels 
through  the  draws  of  the  bridge,  shall  be  and  is  hereby  re- 
pealed. 

IV.  The  eighteentli  section  of  the  said  Act  shall  be  so  amend- 
ed as  to  read  as  follows: 

(  • 

In  rp-i  'J  1     n    ,     «  Sec.  IS  of  the 

ilie  said  company  shall,  before  any  steps  are  taken  in  erect-  'a''  ^''  ''"°*"''- 
ing  the  piers  of  the  said  bridge,  cause  to  be  published  tliree 
I  times  in  one  of  the  public  newspapers   in  each  of  the  Coun- 

■  ties  of    Lincoln,    Welland     and    Brant,   n  notice,  in  which 

shall  be  stated  the  particular  location  of  the  said  bridge  witl.  en  b^^ore^hV 

reference  to  known  landmarks,  the  number  of  its  piers,  the ''^^«"°^=t«d'^' 

length  and  breadth  of  its  piers,  and  the  distances  between  them, 

the  width  in  the  clear  of  the  draw  openings  respectively,  the 

entire  length  of  the  bridge  from  land  to  land,  and  its  he'ight 

above  the  water  at  ordinary  stages;  and  a  copy  of  this  nu.Fce, 

the  facts  of  which  shall  be  verified  by  the  oath  of  the  endneer,' 

signed  by  the  President  and  Secretary  of  the  company,  and 

acknowledged  by  them  before  a  Magistrate  or  Notary  Public, 

shall  be  filed  in  the  offices  of  the  respective  Clerks  of  the  Peace 

of  the  said  hereinbefore  mentioned  Counties. 

V.  It  shall  be  lawful  for  the  said  Companv  to  enter  into  any 
agreement  with  the  Mayor  and  Corporation  of  the  City  of '°"?nTo"ayee: 
Bufi'alo,  in  the  United  States  of  America,  for  the  purpose  of  ^'"'oftu^l. 
obtaining  the  aid  of  the  corporation  of  that  city  in  the  erec- 
tion of  the  bridge;  and  for  such  purpose  the  said  Company 
may  accept  any  guarantee  of  interest  upon  their  expenditure, 
or  any  loan  of  money  or  other  pecuniary  assistance  which  may 
be  agreed  upon  by  the  said  parties,   and  may  give  such  secu- 


i 


28 

rity  to  the  said  Mayor  and  Corporation  as  muv  be  a-reed  upon 
between  tliem.  "         '  ' 

'^^I^S^^'l.  ^'^'  '^^^'''  ^'^-^^tors  of  tl.e  said  Company  sl.all  l.ave  power 
cruin  goods,  to  colleot  and  receive  all  cl.aro-es  subject  to  which  -oods  or 
eoinniod.ties  may  come  into  their  possession;  and  on  payment 
ot  such  back  charues,  shall  have  the  same  lien  for  the  amount 
tliereot,  upon  such  ^oods  or  conmiodities  as  the  persons  to 
whom  such  char-es  were  oriu-inally  duc^,  had  upon  such  goods 
or  commodities  while  in  their  i-ossession;  and  shall  and  mav 
have  power  to  do  all  thin^^s  whatever  which  may  be  requisit; 
or  necessary  to  carry  out  the  objects  of  the  corporation. 

Public  Act.  Yll  This  Act  shall  be  deemed   a  Pnblic  Act  and  shall  be 

construed  as  one  Act  with  the  Act  amended  by  it. 


! 


eed  u])on 


ve  power 
goods  01- 
l)ayiuent 
'  luuount 
rsoiis  to 
L'li  goods 
Liid  mav 
requisite 


shall  bt 


I 


x^lST    A.CT 

To  authorize  the  Ciiy  of  Bnftaio  to  guarantee  the 
payment  of  interest  on  moneys  expended  in  the 
construction  of  a  Bridge  oi^er  the  l>liagara  riv^er, 
and  to  raise  the  funds  necessary  for  the  payment 
thereof. 

Pi\.ssEu  Ai'itiL  17x11,  1858. 

27m  Peopf'j  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly^  do  enact  ais  folloius: 

Seo.  I.  The  Common  Council  of  tlie  citj  ot'Buiialo  are  liere- 
bj  authorized,  by  a  vote  of  f.vo-thirds  of  the-  uiemlKTs  elected  ^uTanle'ta'ter't 
thereto,  to  guarantee,  as  hereinafter  provided,  an  annual  inte- 
rest on  such  an  amount  of  the  capital  stock  of  the  International 
Bridge  Company,  incorporated  by  an  act  of  the  legislature  of 
tile  State  of  Xcw  York,  passed  April  Vi,  l?ri57,  and  of  the  In- 
ternational Bridge  Company,  incorporated   by  a  statute  of  the 
Province  of  Canada,  passed  in  the  twentiptii  year  of  the  rei-'u 
of  Her  Majesty,  Queen  Victoria,  and  in  tlie  third  session  of 
the  fifth  Parliament  of    said   Province,  and  the  royal  assent 
given  by  Her  ]\Iajesty,  in  council,  on  the  twenty-seventh  day 
of  August,  eighteen  hundred  and  fifty-seven,  as  shall  be  neces- 
sary and  sutiicient  to  construct  and  complete  a  brido-o  across 
the  Niagara  river,  at  the  said  city  of  Bufialo,  and  to  defray  the 
expense   of  suitable  apj-»roaclies,  fixtures  and  other  ex])euses 
provided  for  by  the  said   acts;  the   aggregate  amount  of  said 
capital  stock  so  authorized  to  be  guaranteed,  shall  not  exceed 
the  sum  of  two  millions  five  hundred  thousand  dollars;  the 
rate  of  interest  during  the  construction  of  said  bridn'c,  its  ati- 
proaches,  fixtures  aud  aijpurteuances,  shall  not  exceed  four  per 


30 


cent,  per  amnar,,  nor  siuUl  such  rate  of  interest  be  so  guaran- 
^'cd  lor  a  longer  term  than  three  years,  from  tlie  commence- 
meut  of  such  construction. 

Si.:c.  II.  TI.e  Common  Council  mny,  by  n  contract  ivitl,  the 

suni   eon,puu,cs,  designate  tl,o  ,l..y  ,vl,cn  tl,c  work  sl.all  be 

"ZX""  "f,""""''""'!'  «■•  I'"  ''••■'^^"■eU  to  l.ave  been  commenced, and  make 

tlic  ^nu-iranty  ami  j.aymcnt  of  interest  de,,endont  upon  the  ex- 

penditui-e  of  fixed  su.ns  of  money,  in  fixed  times  oi-  periods,  in 

.e  coustrncl,o„  of  said  bridge,  and  in  tl,e  constriction  and 

tl.o  ac<pus,t,on  of  sn.tal.Io  aj.proacbes  an.l  fixtures.    TI.e  gnar- 

iinty  and  ]>ayu,ent  of  interest  sIuiU  be  from  tl,e  end  of  each 

tln-ee  mo.,ths,  from  and  after  the  day  so  designated,  upon  the 

sun,  actually  expended  during  the  prior  three^nonths,  fn  snel 

tm Ac    h5 1         n     ■"  '^°™'"™''«"™'  of  tl-  works,  and  the 
contiact  sha  1  provnle  for  some  reasonable  mode  of  ascertain-' 
.ug  and  iKjuuiafng,  to  the  satisfaction  of  the  Common  Co    . 
c  1  the  snm  of  n.oney  so  expended  in  each  three  months     if 

^.rtfa'>'.';L"'".T"' ""■'"??'  "'  "1T™''1>''^.  «"'•"«,  and  all  other  ,v'ork 
£.SX\.-^^"f^.f'-'d-ts  authorize  and  require  to  be  done,  shall  no 
be  hn>shed  and  ready  for  use  at  the  end  of  three  y^ars  fiom 
the  commencement  thereof;  the  liability  of  the  said  ci  y  o 
pay  sard  interest  shall  cease  until  the  s^me  shall  ^e  compl! 

Sec.  III.  Wheneyer  the  contiact  proyided  for  in  tl,e  „,.„ 
^.ng  section  shall  be  made,  the  saidLnu,:   Con  ci  irbe' 
au  honzed  and  empowered,  at  the  same  tin,e,  to  furt h     .'re 
M..,..„„  ..     ;  „r;:''!;'  -^^'  "'Vf '  -m-ies.  thai  .hen  the  ^   d 

!Si,^^ZSlt2^'^'-^^'°'''''''^f«''^'  """   aPl'urtenances,  and  other 
.„...  .p.„.       >»''-'^.  fl'uU  he  completed  and  ready  for  use,  they  will  .uaran 
tee  and  pay  an  annual  h.tcrost  not  exceeding  six  per  cent  Ir 
annum,  m  a  manner,  the  form  to  be  agreed  u-pon,  orLamou'm 


31 

of  the  capital  stock  of  said  companies  equal  to  the  actual  sum 
expended  hy  said  companies  in  the  construction  of  the  said 
works,  not  exceeding  the  sum  of  two  millions  five  hundred 
thousand  dollars,  for  a  term  not  exceeding  fifteen  years,  after 
the  completion  of  such  bridge  hy  the  said  companies,' upon 
such  reasonable  agreements  and  conditions,  touching  the  man- 
agement and  control  of  the  bridge,  and  touching  the  expendi* 
tures  of  the  companies,  as  may  be  deemed  advisable  for  the  in- 
demnity of  the  city,  and  upon  the  agreement  of  the  companies 
faithfully  and  fully  to  perform  and  execute  the  provisions  of 
this  section,  and  upon  the  guaranty  and  payment  herein  men- 
tioned being  made,  dependent  upon  the  full  and  faithful  execu- 
tion and  performance  of  all  and  singular,  the  conditions  and 
agreements  by  the  said  companies,  to  be  performed  and  kept, 
and  of  the  faithful  execution  by  them  of  the  provisions  of  this 
section.       During  the  period  "of  the  aforesaid  guarantv,  the  ?i;r'cTund.'f„ 
board  of  Directors  and  the  Common  Council  shall  fix  the  tolls  T„'iisfo  t"''^M 
and  charges  to  be  paid  for  the  use  of  said  works,  according  to'"'"'''  '"''• 
the  charters  of  said  companies,  which  tolls  the  said  companies 
shall  collect,  and  shall,  on  the  first  Tuesday  in  each  month,  pay 
over,  for  the  sole  use  of  said  city,  the  amount  so  collected,  to 
the  Treasurer  of  the  said  City  of  Buffalo,  reserving  therefrom 
only  a  sum  sufficient  to  defray  the  current  expenses  of  said 
bridge,  and  the  ordmary  repairs  actually  and  necessarily  made, 
the  whole  or  any  part  of  which  may  be  fixed  by  contract  be- 
tween the  parties  aforesaid,  such  payment  to  be  accompanied 
by  a  monthly  abstract  of  receipts  and  disbursements,  verified 
under  oath  by  the  officers  of  said  companies. 


Sec.  IV.  If  for  any  cause  not  produced  by  the  said  city,^the 
said  bridge,  its  approaches,  draws,  machinejy,  fixtures  or  ap- 
purtenances,  shall  within  the  term  of  not  exceeding  fifteen '"'>"'^ge'our" 

1.  •  1  1  ■■  °  repair. 

years,  become  nnpassablc  or  dangerous,  the  said  guaranty  of 
interest  shall  cease,  and  be  suspended  until  said  bridge,  its  ap- 


comp-yto...p«,rP''''''''^''''  '^^^'^■'''  machinery,  fixtures  or  appurtenances  ..all  be 
.t  own  CO,..  put  :n  corriplete  repair,  a.ul  in  a  safe  conditmn  for  use,  by  the 
.said  co.npanies,  and  at  their  own  expense  and  charg,:s;  and 
dunn-  said  suspension  of  travel  over  or  use  of  said  brid..^,  the 
said  cay  shall  not  be  liable  to  pay  any  interest  on  the  saul  gua- 
ranty.  *= 

iSl  ""•  '"      ^'''''  ^\'^''^'/"";  necessary  for  the  payment  of  the  interest 
guaranteed  under  the  provisions  of  this  aet,  shall   be  included 
m  the  annual  estimate  of  the  Comptroller  made   to  meet  the 
expenses  of  said  city  for  each  year,  and    levied  and  collected  as 
u  part  ot  the  general  city  tax,   m  the  same  manner  as  the  ex- 
penses for  a  1   other  general  city  purposes  are  levied  and  col- 
lected ;  but  the  Common  Council,  in  their  discretion,  ma v  pro- 
vide lor  the   payment   of  the   interest  guaranteed    during  the 
construction  of  the  work,   or  any  part  thereof,   as  it  .had  fall 
rnterenoh  ..n-^'  ''>  ^=*>atracting  a  temporary  loan  for  a  term  not  exeeedinL' 
l^jrK^,:::?^!;:^ '^"t^'3-^'ars,  and  issue  the  bonds  of  the  said  city  for  the  same 
'•^  --  ^mng  an  interest  not  exceeding  seven   per  cent,  per  i::;;::;:: 

^Nopurtol  said  City,  as  now  or  herealter  organized,  shall  hr 
exempt  .ro,n  the  payment  ami  discharge  of  anv  iiabiliiios  in-^ 
curred  un.lcr  any  of  the  provisions  of  this  act.  ^ 

^^■■.('.  V[.  The  Common  Couucii,  before  exereisincr  the  t.ou- 

';:""■'  ■■;"■;■  -"--•  i.-ni.,.,!  l,-   ,„,.  ehartemf  «,„f  oi,v 
'"■  ';■■  '■■■' Onng  a.ul   l„.I,li,,„  „r  ,,p,eia|  ,^I,.„i„„,.  ,„  „,,„,,,  " 
>vl....l„.,-  ,h.. .  ..otors  .„  «,i,l  .i„  will  „),,,„„..  .,,  ,lis„,.j„„v,  o 

.«  .•x.™,,,o  „l  ..,u1  ,,„v,-,..  ,vl,id,  el,.,.n„„  .,.,11   i„  „,,,,„,,,, 

tiK.  oloCK,,,  of  o,t,v  offl.,.,. :  .„d  .11  :h„  i„.ovi.io„s  „f  i„„.  ,  ' 
«pcot,„g  ,,i,oh  election.,  ami  ,l,e  persons  voting  of  ofih-ir..  to 
vote  thereat  shall  be  appUed  to  such  . special  deoti,.Thc^ 
.nay  snl.„„t  the  same  to  the  electors  of  sa.d  eity,  ,„,■  ^^.^J^'i 
or  disapproval,  at  any  charter  or  general  election  heJd^fn  said 


33 


i  Shall  be 
e,  by  the 
■gcs;  and 
i<Ige,  the 
said  gua- 


}  interest 
included 
meet  the 
lectcd  as 
the  ex- 
Lind  col- 
iiay  pro- 
•ing  the 
hull  fall 
ceeding 
le  same, 
annum, 
dial!   be 
iiios  in- 


le  pow- 
special 
id  eitv 
cert, 
'ove  o 
.■sj)ect.s 
-Id  for 
iw  re- 
intr  to 
r  they 
Droval 
n  said 


city,  under  the  provisions  of  existing  laws,  at  any  time  after 
the  passage  of  this  act.     The  Common  Councd  shall  provide^  a 
box  for  the  inspectors  of  election,  in  each  .Irctiui.  distiier  in 
said  city,  in  which  each  elector  may  deposit  a  ballot,  on  whi.-h 
shall  be  written  or  printed  the  words  -  For  aid  to  the  bri(hv  "  "''"  ''  '"'"''• 
or  "  Against  aid  to  the  Bridge."     The  said  l^ox  .shall  b.-  kept 
open  for  the  reception   of  ballots,  in  (-aeh  of  the  election  dis- 
tricts in  said  city,  if  at  a  special   election,   from  nin.  o'clock  in 
the  morning  until  seven  oclock   in   the  evening,  on  thr  day  ol" 
such  election  ;  if  at  a  charter  or  general  election,  iheu  durin<. 
the  period  the  other  polls  shall  be  o])en  at  the  .s.ine  eh.-ctioir 
On  the  close  of  the  polls,  the  inspectors  shall  immediately  pro- 
ceed to  canvass  the  ballots  deposited  in  the  boxes,  in  the  leau- 
ner  now  required  by   law   in   the  eloetiou  of  eitv  ollieers,  and 
make  a  certificate   thereof,   stating  the   number  i)I  b;i!l.,ts  cast 
'•  For  aid  to  the  bridge,"  and  the  number   "  Against  aid  to  the 
bridge,"  and  within  two  days  thereafter,  shall  Hie  thr  said  eer-       . 
tiiieatc  in   the  office  of  the  city   clerk.     The   Mayor  and  city 
clerk  shall  immediately  proceed  to  canvass  the  ballots  thus  eer-  C""^''" '^f  ^oic. 
tificd  and  returned,  and  make  their  certificate  stating  the  whole 
number  of  ballots  "  For  aid  to  the  bridge,"  and  "Against  aid 
to  the  bridge,"  and  sign  and  file  the  said  certili.-ate  iirtheofiice 
of  the  city  clerk,  and  report  tlie  result  of  said  canvass  to  the 
Common  Council  at  the  next  meeting  thereof. 

Sec.  YII.  When  the  Conmion  Council  shall  order  an  elec- 
tion 111  pursuance  of  the  foregoing  section,  they  shall  at  the 
same  meeting  order  and  direct  this  act  to  be  published  three  ^"^"imgAct  to 
days  in  each  of  the  daily  papers  printed  and  published  in  the  ''"""""'" 
said  city  of  Bufialo,  the  last  publication  to  be  made  two  davs 
before  the  day  appointed  for  the  holding  of  such  special  ele'c- 
tion. 


Sec.  VIII.  This  act  shall  take  effect  immediately. 


